Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (3) TMI 988 - HC - Indian LawsDishonor of Cheque - section 138 of NI Act - petitioner has submitted that the Courts below passed the judgements only on surmises and not on settled proposition of law - HELD THAT:- In the case on hand, it is admitted by the petitioner that Cheques were issued by him. It is quite natural that the person, who issued or was responsible to issue the cheques, has to rebut the presumption placing necessary evidence, because when cheques are issued towards payment of certain amount, it is presumed that there was existence of a legally enforceable debt. When the issuance of the cheques are admitted by the petitioner, the respondent is entitled to invoke presumption under Sections 118 and 139 of the Negotiable Instruments Act for discharging the subsisting liability and in this case, rightly the respondent has invoked such presumption. The presumption will live, exist and survive and shall end only when the contrary is proved by the petitioner, i.e., the cheque was not issued for consideration and in discharge of any debt or liability. Further more, there is no iota of evidence or document on the side of the petitioner by way of reply to prove that there is no legally enforceable debt or liability due to the complainant. Hence, the petitioner has not rebutted the presumption as contemplated under Section 139 of the Negotiable Instruments Act. This Court is of the opinion that cogent and convincing reasons have been recorded by the Courts below for convicting and sentencing the petitioner / accused and hence they are confirmed as such - This Criminal Revision Case is devoid of merits and hence the same is dismissed.
|